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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have split with my ex partner since June 2015, due to him

Customer Question

I have split with my ex partner since June 2015, due to him being contolling and emotionally abusive to me and my son and since the split he has been verbally abysive to me and my family throughout, he has recently found out I have a new partner and says that he will not let him see my children saying threatening things, he sees the children twice a week, pays no matinence for them and I always bring the children to him when it suits him, we have never been to court, but my new partner lives in Ireland and I want to move over there with my children next year but I know he will react badly, and I am still frightening of how he will behave as he is a big man, can you help with any advice please?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-How old are the children?

-Is the father named on the birth certificates and were you married to each other?

Customer: replied 1 year ago.
My children are 3 and 7, his name is ***** ***** birth certificates and no we where never married.
Expert:  Harris replied 1 year ago.

Thank you. As he has parental responsibility you will need his consent to relocate abroad and if no agreement can be reached directly between you I would suggest that you make a referral to an independent mediator (you can find local ones here: familymediationcouncil.org.uk). The mediator will assist you both in reaching an amicable agreement that is in the children's best interests. If mediation does not help, then you will be able to pursue an application to court under Form C100 together with a £215 court fee to your local family court for a specific issue order and the court can make a decision regarding the matter. For your information the Court will take into consideration the following when making a decision regarding the application:

1. The wishes and feelings of the child concerned
2. The child’s physical, emotional and educational needs
3. The likely effect on the child if circumstances changed as a result of the courts decision
4. The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision
5. Any harm the child has suffered or may be at risk of suffering
6. Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs
7. The powers available to the court in the given proceedings

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.